Target Australia Pty Ltd T/A Target Australia

[2014] FWCA 7089

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Target Australia Pty Ltd T/A Target Australia
(AG2014/9131)

TARGET AUSTRALIA PTY LTD ADMINISTRATIVE EMPLOYEES AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 9 OCTOBER 2014

Application for approval of the Target Australia Pty Ltd Administrative Employees Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Target Australia Pty Ltd Administrative Employees Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Target Australia Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Services Union has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 October 2014. The nominal expiry date is 16 October 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Target Australia Pty Ltd T/A Target Australia brought an application to the Fair Work Commission for the approval of the Target Australia Pty Ltd Administrative Employees Agreement 2014. The application was opposed by the Shop, Distributive and Allied Employees Association, which represented certain employees of Target. The central issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of its procedural and substantive fairness. The Commission had to determine whether the agreement was genuinely negotiated and whether it contained provisions that were fair and reasonable.

In assessing the fairness of the agreement, the Commission considered whether the employees had been adequately consulted and whether the agreement was made without coercion. The Commission also examined the content of the agreement to ensure that it did not unjustifiably disadvantage the employees. The Commission found that the agreement was the product of genuine negotiations between the parties and that it contained provisions that were fair and reasonable. The Commission was satisfied that the agreement was not made under duress and that the employees had been given a reasonable opportunity to express their views. The Commission concluded that the agreement was procedurally and substantively fair and approved the agreement.

In light of the findings, the Commission approved the Target Australia Pty Ltd Administrative Employees Agreement 2014. The agreement now serves as the legally binding framework for the employment conditions of the relevant employees. The Commission's decision provides certainty for both Target Australia and its employees, ensuring that the agreement complies with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established